Haryana

Bhiwani

CC/189/2021

Kusam lata - Complainant(s)

Versus

SAHARA - Opp.Party(s)

anil Sambharwal

26 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                           

                    Complaint Case No. :        189 of 2021

                                                                       Date of Institution    :  17.09.2021

                                                                      Date of Decision      :          26.02.2024

 

 

Kusum Lata wife of Sh. Randhir Singh R/o near Harijan Chopal, Kohar, Tehsil and District Bhiwani.

 

               ..…Complainant.

 

  Versus

 

 

1.       Sahara Credit Cooperative Society Ltd., one of the Branch office at Hansi Gate, Naya Bazar Road, Near Bank, Bhiwani, Tehsil and District Bhiwani-127021 through its Branch Manager.

 

 

2.       Sahara Credit Cooperative Society Ltd., Head Office: Sahara India Bhawan-1, Kapoorthala Complex, Aliganj, Lucknow (U.P.) 226024 through its authorized signatory.

                                                                                .…Opposite Parties

 

   

Complaint under Section 35 of the Consumer Protection  Act, 2019.

 

                                                               

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-       Sh. Amit Sabharwal, Advocate for complainant.

Sh. J.B. Saini, Advocate for OPs (defence struck off vide order dated  07.04.2023).

         

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant purchased/subscribed Sahara Special Certificate 787002140714 against account No.55007200266 on 21.03.2018 for a period 1½ years in the shape of Fixed Deposit which was payable as Rs.94,906/- after maturity on 21.09.2019. So, after the maturity date, complainant approached OP No.1 for release of the amount but it was not released despite various requests rather it was put off on one pretext or other.  It has submitted that the amount so deposited with the OPs was hard earned money of complainant and due to its non-release, complainant had to borrow money on higher rate of interest for her personal need. Hence, the present complaint has been preferred by complainant for issuance of directions to OPs to release the amount of Rs.94906/- alongwith interest @ 18% per annum from 21.09.2019 till its realization. Further to pay Rs.50,000/- on account of compensation for harassment besides Rs.5500/- as costs of litigation. Any other relief to which this Hon’ble Commission deems fit has also been sought.

2.                 Upon notice, OPs appeared through counsel but failed to file written statement despite availing sufficient opportunities, so the defecne of OPs struck off vide order dated 07.04.2023.

3.                 On behalf of complainant, her affidavit Ex.CW1/A alongwith documents Ex. C-1 & Ex. C-8 have been tendered in evidence and then closed the evidence.

4.              We have heard final arguments and gone through the entire record minutely.

5.                 The complainant being a member of the OPs society deposited Rs.81047/- on 21.03.2018 which was to mature on 21.09.2019 (Ex.C-1). The grievance of the complainant is that the OPs have not released the maturity amount despite the fact that she visited the office of OPs several times asking them to release the maturity amount, but the OPs have failed to redress the genuine request of the complainant.

6.                 From the record, it is clear that aforesaid amount was deposited by complainant with OPs vide Ex.C-2 but the matured amount thereof was not paid by the OPs to the complainant. The OPs have no justification, to withhold the maturity amount of the complainant. We are of the considered view that the OPs have utterly failed to perform their part of obligations.  It is pertinent to mention here that the OPs, even after the filing of this complaint and during the pendency of this complaint, have not shown any interest to release the maturity amount to the complainant.  In view of the aforesaid discussion, we conclude that there has been lapse and deficiency on the part of the OPs while delivering services to the complainant which has caused mental and physical harassment to the complainant as well as monetary loss. Hence the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions with 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.94,906/- (Rs. Ninety Four thousand nine hundred six) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till its actual realization subject to fulfilling necessary formalities, if any.

 

(ii)      To pay a sum of Rs.10,000/- (Rs. Ten thousand) as compensation for harassment.

 

(iii)     Also to pay Rs.5500/- as litigation expenses.

                              In case of default, the aforementioned all the amounts shall further attract simple interest @ 12% per annum for the period of default.

                              Further, if this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:26.02.2024